Archive: Last Bill Status
-

You must fill out the form below in order
to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

First Name *

Last Name *

Email Address *

A valid email address is required in order to confirm your account.

Home address search or enter your address manually

Street Address *

Your valid home address is used to determine which NY State Senator Represents you.

Apt/Suite/Floor (Optional)

City *

State *

Postal Code *

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

S2436 - Details

S2436 - Summary

Provides that no insurer shall refuse to issue or renew a covered policy of property/casualty insurance or include a provision therein limiting coverage solely on the ground of the nature of the occupation of the applicant or insured; applies to personal lines insurance including personal umbrella policies as well as automobile liability policies.

S2436 - Sponsor Memo

BILL NUMBER:S2436
TITLE OF BILL:
An act
to amend the insurance law, in relation to prohibited
basis for refusal to issue or renew a covered
policy of property/casualty insurance or for limiting
coverage therein
PURPOSE:
To prohibit insurance companies from denying the application
for or renewal of a personal umbrella liability insurance policy
based on an applicant's occupation.
SUMMARY OF PROVISIONS:
Section 1: Amends section 3425 of the insurance
law by adding a new subsection (i-1) which would prohibit an insurer
from refusing to issue or renew a covered policy or include a
provision in the insurance contract limiting coverage under the
contract, based on the nature of the occupation of the applicant or
insured.
EXISTING LAW:
Currently, all insurance contracts for personal umbrella
liability insurance prohibit a person from applying or having their
insurance contract renewed if they are public office holders, seeking

public office, professional entertainers, professional athletes,
radio and television broadcasters, newspaper publishers, editors and
reporters, individuals convicted of libel or slander, labor leaders,
private detectives, sheriffs and police officers.
JUSTIFICATION:
Personal umbrella liability insurance
is designed to
cover personal (non business) liability of individuals. Currently,
certain individuals because of their occupations are not able to
apply for or even renew an existing personal umbrella liability
insurance policy. The following occupations because they are
considered to be a high risk group are denied umbrella insurance
coverage: public office holders, professional entertainers,
professional athletes, radio and television broadcasters, newspaper
publishers, editors and reporters, individuals convicted of libel or
slander, labor leaders, private detectives, sheriffs and police
officers.
Recognizing that public office holders should not be discriminated
against, states such as Oregon and Texas have enacted statutes to
exempt public office holders from this high risk group, permitting
them to apply for personal liability insurance.
The decision to grant insurance coverage or not should be made on a
case by case basis weighing various risk factors, not based on a
wholesale exclusion of a certain classes of people. Therefore, this
legislation does not mandate that insurance companies grant
individuals working in an excluded profession an umbrella policy. It
merely allows these individuals to apply for such coverage and be
granted or denied coverage based on their individual backgrounds and
experiences.
LEGISLATIVE HISTORY:
2007-2008 - Insurance.
2010 - Insurance
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the first day of the
calendar month next succeeding the 30th day after it shall have
become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
2436
2011-2012 Regular Sessions
I N S E N A T E
January 21, 2011
___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibited basis for
refusal to issue or renew a covered policy of property/casualty insur-
ance or for limiting coverage therein
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3425 of the insurance law is amended by adding a
new subsection (i-1) to read as follows:
(I-1) NO INSURER SHALL REFUSE TO ISSUE OR RENEW A COVERED POLICY, OR
INCLUDE A PROVISION IN THE INSURANCE CONTRACT LIMITING COVERAGE UNDER
THE CONTRACT, SOLELY ON THE GROUND OF THE NATURE OF THE OCCUPATION OF
THE APPLICANT OR INSURED.
S 2. This act shall take effect on the first of the calendar month
next succeeding the thirtieth day after it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08243-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.